Heyat v. Marriott International
Plaintiff and appellant Firouz Heyat sued defendants and respondents[1] under California’s Disabled Persons Act (Civ. Code, § 54 et seq.; Act)[2] for injuries he suffered when he fell on the steps in the swimming pool complex at Defendants’ timeshare resort. Heyat alleges the difficulties he experiences in walking render him disabled and Defendants violated the Act by failing to post signs near the pool complex’s steps directing him to a nearby ramp that provided access to and from the pool deck. According to Heyat, Defendants’ failure to post signs denied him equal access to the pool complex and therefore rendered Defendants liable under the Act for his actual damages, treble damages, and attorney fees.
Defendants moved for summary judgment on the ground Heyat lacked standing to pursue his claim under the Act because (1) he testified in deposition he was not disabled when he fell, and (2) the readily-visible ramp provided Heyat equal access to the pool complex and he simply chose not to use it. The trial court granted Defendants’ motion, finding Heyat’s deposition testimony established he was not disabled and therefore lacked standing to pursue his claim under the Act. The court did not decide whether Defendants denied Heyat equal access.
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